Cary Zoning Regulations & Building Permits
Notable local initiatives in Cary
Named ordinances, statutes, and reforms specific to Cary — each linked to an official source you can verify directly.
Cary Land Development Ordinance (LDO)
Cary's Land Development Ordinance is the primary instrument regulating zoning, subdivision, building appearance, landscaping, signs, parking, and other aspects of development within the Town and its planning jurisdiction. The LDO is published through American Legal Publishing (codelibrary.amlegal.com) and is administered by the Town's Planning and Development Services Department.
Source · carync.govImagine Cary Community Plan(2017)
Imagine Cary, adopted by the Cary Town Council on January 24, 2017, is the Town's comprehensive plan with a horizon out to 2040. It sets long-term policies and strategic actions on land use, transportation, housing, and economic development that guide LDO amendments and rezoning decisions. The plan was updated in 2024 as a living document.
Source · carync.govACT 32 - Accessory Dwelling Unit LDO Amendments(2025)
On April 10, 2025, the Cary Town Council unanimously adopted ACT 32, a substantial update to the LDO expanding ADU opportunities. The amendment, effective June 2, 2025, allows ADUs in all residential zoning districts where detached dwellings are allowed, increases the size relationship between an ADU and the primary dwelling (from 33% to 50%), and simplifies the procedural rules for ADU permitting.
Source · housing.carync.govNCGS Chapter 160D - Local Planning and Development Regulation(2021)
North Carolina General Statutes Chapter 160D consolidated the prior city- and county-enabling statutes for local planning and development regulation into a single unified chapter. Local governments had until July 1, 2021 to amend ordinances to conform. Cary's LDO is administered under this state framework.
Source · ncleg.govWake County jurisdiction and Research Triangle context
Cary is located primarily in Wake County (with portions in Chatham County) and is part of the Research Triangle region anchored by Raleigh, Durham, and Chapel Hill. SAS Institute, a major data analytics company, has been headquartered in Cary since 1980 and is the Town's largest private employer; comprehensive plan and LDO decisions are influenced by the regional tech-corridor employment base.
Source · carync.gov
Key Zoning Facts
Cary Zoning Overview
Cary is a town in Wake County, North Carolina, with a 2020 Census population of 174,721. The town manages land use and development through its Land Development Ordinance (LDO), which divides the municipality into residential, commercial, office/institutional, and industrial zoning districts.
Cary's residential zoning districts range from the low-density R-40 (requiring 40,000 sq ft minimum lots) to the more compact R-8 (8,000 sq ft minimum lots). The town also has multi-family, town center, and commercial districts to accommodate a variety of development types.
Key Residential Zoning Districts
| District | Min Lot Size | Front Setback | Side Setback | Rear Setback | Max Height |
|---|---|---|---|---|---|
| R-40 | 40,000 sq ft | 35 ft | 12 ft | 30 ft | 35 ft |
| R-20 | 20,000 sq ft | 30 ft | 10 ft | 25 ft | 35 ft |
| R-12 | 12,000 sq ft | 25 ft | 8 ft | 20 ft | 35 ft |
| R-8 | 8,000 sq ft | 20 ft | 5 ft | 15 ft | 35 ft |
ADU Regulations
Cary allows accessory dwelling units (ADUs). Property owners should consult the Town of Cary Land Development Ordinance (LDO) for specific provisions regarding ADU size limits, setback requirements, parking, and permitting procedures. Contact Cary Planning for guidance on ADU applications.
Development Process
Development in Cary generally requires obtaining the appropriate permits from the town's planning and building departments. The process typically involves:
- Zoning Verification -- Confirm that your proposed use is permitted in the applicable zoning district
- Site Plan Review -- For commercial and multi-family projects, submit a site plan for review
- Building Permit -- Apply for a building permit with construction documents
- Inspections -- Schedule required inspections during construction
- Certificate of Occupancy -- Obtain final approval before occupying the structure
Key Considerations
Before starting any development project in Cary, property owners should:
- Verify the zoning classification of their property
- Review setback, height, and lot coverage requirements
- Check for any overlay districts or special regulations
- Determine if the property is in a flood zone using FEMA's flood map service
- Confirm whether HOA covenants or deed restrictions apply
- Contact the planning department for pre-application guidance
Disclaimer: This guide provides general information about zoning in Cary and should not be relied upon as legal advice. Zoning codes are subject to change. Always verify current regulations with the Town of Cary planning department or municipal code before making development decisions.
Regulatory Layers That Apply in Cary
Your property is subject to ALL of these regulatory layers. Each one can impose additional requirements beyond the others.
Federal
- FEMA Flood Zones: Applicable
- View FEMA Flood Map
State — North Carolina
- Building Code: NC State Building Code (IBC/IRC based)
County — Wake County
- Role: County-level property records, tax assessment, unincorporated area planning
City / Municipal
The city's zoning ordinance, building codes, and local permits form the primary layer of land-use regulation for your property.
Overlay Districts
No overlay districts identified.
Private Restrictions
- HOA / CC&Rs common: Yes
- Check HOA CC&Rs and deed restrictions for additional requirements.
Primary Zoning Districts
- Min Lot
- 40,000 sq ft
- Max Height
- 35 ft
- Front Setback
- 35 ft
- Side Setback
- 12 ft
- Rear Setback
- 30 ft
- Min Lot
- 20,000 sq ft
- Max Height
- 35 ft
- Front Setback
- 30 ft
- Side Setback
- 10 ft
- Rear Setback
- 25 ft
- Min Lot
- 12,000 sq ft
- Max Height
- 35 ft
- Front Setback
- 25 ft
- Side Setback
- 8 ft
- Rear Setback
- 20 ft
- Min Lot
- 8,000 sq ft
- Max Height
- 35 ft
- Front Setback
- 20 ft
- Side Setback
- 5 ft
- Rear Setback
- 15 ft
- Min Lot
- Varies
- Max Height
- Varies
- Front Setback
- Varies
- Side Setback
- Varies
- Rear Setback
- Varies
- Min Lot
- Varies
- Max Height
- Varies
- Front Setback
- Varies
- Side Setback
- Varies
- Rear Setback
- Varies
- Min Lot
- Varies
- Max Height
- Varies
- Front Setback
- Varies
- Side Setback
- Varies
- Rear Setback
- Varies
- Min Lot
- Varies
- Max Height
- Varies
- Front Setback
- Varies
- Side Setback
- Varies
- Rear Setback
- Varies
- Min Lot
- Varies
- Max Height
- Varies
- Front Setback
- Varies
- Side Setback
- Varies
- Rear Setback
- Varies
Permit Costs & Timelines
Permit Costs & Timelines
Specific permit fee schedules for Cary are available from the local planning department. Fees vary based on project type, scope, and valuation.
Check Cary permit fees →Official Sources
City-specific